1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
2 OF THE STATE OF OREGON
3
4 In the Matter of the ) DEFAULT ORDER OF
5 Educator License of ) REVOCATION AND REVOCATION
6 TIMOTHY WALTER FREY ) OF RIGHT TO APPLY
7
8 On September 17, 2015, the Teacher Standards and Practices Commission
9 (Commission) issued a Notice of Opportunity for Hearing to Timothy Walter Frey (Frey)
10 in which the Commission charged him with Gross Neglect of Duty and Gross Unfitness.
l I The Notice was sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7015 0640
12 0004 7539 9794 to the address on file with the Commission. The Notice designated the
13 Commission file as the record for purposes of proving a prima facie case. The Certified
, l4 Mail was not returned signed to the Commission, and the regular first class mail was not
15 returned to the Commission. The Notice of Opportunity of Hearing, dated September 17,
16 2015, and signed by Victoria Chamberlain, Executive Director, stated:
l7
18 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY
19 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED
20 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR
2l REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF
22 YOU FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN
23 ORDER OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR
24 SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE.”
25
26 Frey did not request a hearing. The Commission, therefore, finds Frey t0 be in default
27 and enters the following findings 0f fact, conclusions of law, and final order, based on
28 the files and records of the Commission concerning this matter.
29 FINDINGS OF FACT
30 1. Timothy Walter Frey has been licensed by the Commission since August 3, 2011.
31 Frey’s Initial I Teaching License, with an endorsement in Health Education (HS) and
32 Physical Education (ML/ HS, ECE/ELE L), was valid from August 3, 2011, through July
33 16, 2015. On August 17, 2015, Frey surrendered his teaching license in writing and
34 did not make timely application for renewal. During all relevant times, Frey was
35 employed as a substitute teacher for the Pendleton School District.
36 2. On or about April 9, 2015, Frey was charged on eight counts of Sexual Abuse in the
37 Second Degree. On July 23, 2015, Frey pled guilty to and was subsequently convicted i
PAGE 1-DEFAULT ORDER OF REVOCATION AND REVOCATION OF RIGHT TO APPLY - TIMOTHY WALTER
FREY

1 in the Umatilla County Circuit Court of three counts of Sex Abuse in the Second
2 Degree, ORS 163.425, a class C felony. Frey was sentenced to 6o months of
3 probation. Frey was further required to undergo sex offender evaluation and
4 treatment and to register as a sex offender. Frey was also required t0 surrender his
5 teaching license. Frey surrendered his teaching license to the Commission by written
6 letter dated August 17, 2015, and it was received on August 26, 2015.
7 3. Frey’s convictions arose from allegations that included Frey had engaged in sexual
8 relations with a minor aged, female student. Frey’s conduct included that on or about
9 March 13, 2015, Frey engaged in oral sex, and sexual intercourse, five times over a
10 period of three weeks, with a 17 year old student.
11 CONCLUSIONS OF LAW
12 Frey’s convictions constitutes gross neglect of duty in violation of ORS
13 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-oo1o(5) (Use
1 14 professional judgment); OAR 584—020-oo4o(1)(n) (ORS 163.425 — SexAbuse in the
15 Second Degree). This conduct also constitutes gross unfitness in violation of ORS
16 342.175(1)(c); OAR 584-020-004o(5)(c) (Conviction of violating any federal, state, or
17 local law. A conviction includes any final judgment of conviction by a court whether as
18 V the result of guilty plea, no contest plea or any other means); OAR 584-020-
19 oo4o(5)(d) (Commission of an act listed in OAR 584-020-0040(1); and OAR 584-020-
20 oo4o(5)(e) (Admission of or engaging in acts constituting criminal conduct, even in
21 the absence of a conviction).
22 Pursuant to ORS 342.175(3) and OAR 584-020-oo4o(1) the Teacher Standards
23 and Practices Commission must revoke your license and your right to apply for a license
24 based on your conviction of any of the crimes listed in ORS 342.143(3)(a), or the
25 substantial equivalent of any of those crimes.
26 Furthermore, the conduct underlying Frey’s convictions constitutes gross neglect
27 of duty in violation of ORS 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates
28 OAR 584-020-001o(5) (Use professional judgment); OAR 584-020-oo4o(4)(k)(
29 Violation of any rule or order of the Commission); OAR 584-o2o-oo4o(4)(t) (Any
30 sexual conduct with a student) as defined by OAR 584-020-0005(5); OAR 584-020-
31 oo4o(4)(o) as it incorporates OAR 584-020-0035(1)(c)(A) (Not demonstrating or
EREE 2-DEFAULT ORDER OF REVOCATION AND REVOCATION OF RIGHT TO APPLY - TIMOTHY WALTER l

1 expressing professionally inappropriate interest in a student's personal life), OAR 584-
2 020-0035(1)(c)(D) (Honoring appropriate adult boundaries with students in conduct
3 and conversations at all times); and OAR 584-020-0035(3)(a)(Maintain the dignity of
4 the profession by respecting and obeying the law, exemplifying personal integrity and
5 honesty). Additionally, your conviction and conduct related to your conviction
6 constitute “gross unfitness” in violation of ORS 342.175(1)(c); OAR 584-020-0040(3)(a)
7 and (d) as defined by OAR 584-020-0040 (5) (“Gross unfitness is any conduct which
8 renders an educator unqualified to perform his or her professional responsibilities”).
9
10 The Commission’s authority to impose discipline in this matter is based upon ORS
1 1 342.175.
12 FINAL ORDER
13 The Commission hereby revokes Timothy Walter Frey’s teaching license and his
14 right to apply for licensure.
15 IT IS SO ORDERED THIS Q / day 0f November, 2015.
16 TEACHER STANDARDS AND PRACTICES COMMISSION
‘ 17
18
19 By: —__—___—
20 Victoria Chamberlain, Executive Director
21
22
23
24 NOTICE OF APPEAL OR RIGHTS
25
26 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY
27 BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE
28 SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF
29 ORS 183.482 TO THE OREGON COURT OF APPEALS.
PAGE 3-DEFAULT ORDER OF REVOCATION AND REVOCATION OF RIGHT TO APPLY - TIMOTHY WALTER
FREY

CERTIFICATE OF MAILING
l hereby certify that I sewed the foregoing notice of final order, certified by me as such, by mailing
U.S. First Class Mail and U.S. Certified Mail—Return Receipt Requested, addressed to:
Timothy Walter Frey
12054 Brick Rd SE
, Turner, OR 97392-9215
I
I I
, Dated this ‘day of November, 2015.
By: I / , ' "
T P Li dell
I estigative Assistant
PAGE 1- CERTIFICATE OF MAILING— TIMOTHY WALTER FREY